This page was created as a source of information to consumers who are inquiring about a class action lawsuit filed against AT&T Wireless that alleges that certain billing practices of AT&T Wireless relating to billing consumers for cellular telephone calls during a billing period other than the billing period in which the calls were made constitutes an unfair and deceptive practice.
Class Action Complaint Against AT&T
As set forth in the Complaint, Plaintiff Paul Lozano alleges that AT&T Wireless telephone bills sometimes include charges for cellular telephone calls placed during prior billing periods, a practice known as “out-of-cycle billing.” For example, a bill dated September 18, 2001, which covered cellular telephone calls made during the billing period of August 17, 2001 through September 16, 2001, may include charges for cellular telephone calls made prior to August 17, 2001. The lawsuit alleges that the practice of out-of-cycle billing is not adequately disclosed to customers in AT&T Wireless’ standardized contracts and that as a result of this billing practice, the consumers' air time minutes might now exceed the consumer’s allowance, thereby resulting in additional charges on the consumer’s bill. A complete copy of the complaint that was filed in court can be accessed by clicking on the link on the left-hand sidebar entitled "View Complaint". The contents of the complaint are only allegations until such time as those allegations are proven in court.
The Proposed Class
The proposed class consists of all consumers in the State of California who initiated cellular telephone service with AT&T Wireless on or after March 1, 1999 and who at any time between March 1, 1999 and October 4, 2004 have been charged by AT&T Wireless for cellular telephone calls during a billing period other than the billing period in which the calls were made.
On August 18, 2003, U.S. District Court Judge William J. Rea, denied AT&T Wireless’ motion to compel arbitration. The Court found that the provision of the service agreement prohibiting AT&T Wireless customers from serving as representatives in a class action lawsuit was unconscionable under California law and, accordingly, null and void. AT&T Wireless appealed this ruling but later dismissed its appeal.
On June 13, 2005, the Honorable William J. Rea, certified a class action against defendant AT&T Wireless on behalf of the above class. In addition, Judge Rea certified plaintiff Paul Lozano as the representative of the proposed class and the law firms of Foley Bezek Behle & Curtis LLP and Arias Ozzello & Gignac, LLP as co-counsel for the proposed class. AT&T Wireless appealed Judge Rea’s class certification ruling.
On June 4, 2007, the Ninth Circuit Court of Appeals upheld Judge Rea’s ruling regarding class certification. To read the 9th Circuit’s Opinion, click the link on the left-hand sidebar entitled "View 9th Circuit Opinion".
Contacting Foley Bezek Behle & Curtis, LLP
Current and former AT&T Wireless customers that wish to share their experiences with AT&T Wirelessare welcome to contact Foley Bezek Behle & Curtis, LLP by emailing firstname.lastname@example.org or by calling 805-962-9495 and asking for Robert A. Curtis.